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CONSTITUTION 


STATE OF SOUTH CAROLINA. 

JUNE 3, 1790'. 


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> CONSTITUTION 


THE STATE OF SOUTH CAROLLNA. 

JUNE 3, 1Y90. 


[Appended to the Acts passed at the session of 1855, by order of the Legislature.] - 


We, the Delegates of the People of the State of South Carolina, in 
G-eneral Convention met, do ordain and establish this Constitution for its 
government. 


AJITICLE I. 

Sec. 1. The legislative authority of this State shall he vested in a Gen¬ 
eral Assembly, which shall consist of a Senate and House of Kepresenta- 
tives. 

Sec. 2. The House of Representatives shall be composed of members 
chosen by ballot, every second year, by the citizens of this State, qualified 
as in this Constitution is provided. 

Sec. 3. The several election districts in this State shall elect the fol¬ 
lowing number of representatives, viz : 




CONSTITUTION OF THE 


l/fe 


% 

# 




y 






^Charleston, inclu din^ ^t. Philip and St. Michael, Fifteen Members. 

Chrjat. Church, 
p St. John, Berkley,XX 
St. Andrew, - 
~ St. George, Dorchester, 

St. James, Goose Creek, 

St. Thomas and St. Dennis 
St, Paul, ' - ■ 

r St. Bartholome w, - 
^ St. James, Santee, 

St. John, Colleton, 

■' vSt. St^hen, - 
,^St. Helena, 
y St. Luke, 

Prince William, - 
k^t. Peter, 

AH Saii»ts,^including its ancient boundaries,) / One 
Winyaw, (not including any part of All Saints,) ^ Three 
<5^yKingston, (not including any part of All Saints,)/ Two 


/ Three 
Three 
/ Three 
/ Three 
/ Three 
I Three 
Three 
VThree 
Three 
7--'Three 
y Three 
Three 
Three 
^ Three 
^ Three 


Williamsburg, 
(^Liberty, - 

Marlborough,XX 

Chesterfield, 
Darlington, X-^ 
) ^ t /York, X / 

Lchester, 
(Fairfield, - 
ipicnland, Y X 
' I Lancaster, X X 
i Kershaw, XX* 
(^Claremont, 
\Clarendon, 
fAbbeville, 




OvihiJ iff 




. V 




’ 7>'sr 




Two 
3 Two 
Two 
/ Two 
Two 
Three 
3 Two 
?■ Two 
Two 
Two 
Two 
3 Two 
Two 

S’ Three 
(ct Three 


Newberry, (including the Fork between Broad and 


Saluda Rivers,) 
il^aurens, 

|Union, 


^ Three 
- V* Three 

(b 


tS, .Wv, I 'i u I 


{( 

i( 

(( 

(C 

a 

u 

u 

a 

(( 

a 

(C 

u 

it 

«\ 

a 

u 

u 







finf'p 

<} 


Spartan, 


STATE OF SOUTH QAROLTNA. 
; Vv uti v ^ y ' 


\J rOreenville, 

T '5^ 


- 


WO Members. 




, - - - - TTwo << 

^Pendleton, - - - - • (> Three “ 

j St. Mathew, - . - - / Two 

//' Orange, ^ - - . - - Two 

Winton, (including the district between Savannah 

river and the north Fork of ^disto, Three “ 

Saxe Gotha, - - - - - V Three 

Sec. 4. Every free white man, of the age of twenty-one years, being a 
citizen of this State, and having resided therein two years previous to the 
day of election, and who hath a freehold of fifty acres of Land, or a Town 
Lot, of which he hath been legally seized and possessed at least six months 
before such election, or, not having such freehold or town lot, hath been 
a resident in the election district, in which he offers to give his vote, six 
months before the said election, and hath paid a tax the preceding year, 
of three shillings sterling, towards the support of this government, shall 
have a right to vote for a member or members, to serve in either branch of 
the legislature, for the election district in which he holds such property, oif 
is so resident. 

Sec. 5. The returning officer, or any other person present, entitled to 
vote, m^ay require any person who shall offer his vote at an election, to pro¬ 
duce a certificate of his citizenship, and a receipt from the tax collector, of 
his having paid a tax, entitling him to vote, or swear or affirm that te is 
duly qualified to vote agreeably to this constitution. 

Sec. 6. No person shall be eligible to a seat in the House of Represen¬ 
tatives, unless he is a free white man of the age of twenty-one years, and 
hath been a citizen and resident in this State, three years previous to his 
election. If a resident in the election district, he shall not be eligible to ^ 
seat in the House of Representatives, unless he be legally seized and pos¬ 
sessed, in his own right, of a settled freehold estate of five hundred acres 
of land, and ten negroes; or of a real estate of the value of one hundred 
and fifty pounds sterling, clear of debt. If a non-resident, ho shall be le¬ 
gally seized and possessed of a settled freehold estate therein, of the value 
of five hundred pounds sterling, clear of debt. 

Sec. 7. The Senate shall be composed of members, to be chosen for 
four years, in the following proportions, by the citizens of this State, quali¬ 
fied to elect members to the House of Representatives, at the same time, in 
the same manner, and at the same places where they shall vote for repre. 
sentatives, viz: 




5 


CONSTITUTION OF THE 


Charleston, (including St. Philip and 

St. 

Michael,) Two 

Members. 

Christ Church, 


- 

One 

(C 

St. John, Berkley, 

- 

■ 

One 

(C 

St. Andrew, _ _ . 


- 

One 

(C 

St. George, - - 

- 

- 

One 

iC 

St. James, Goose Creek, 


- 

One 

u 

St. Thomas and St. Dennis, -> 

- 

- 

One 

cc 

St. Paul, - - - - 


- 

One 

a 

St. Bartholomew, 

- 

- 

One 

a 

St. James, Santee, 


>• 

One 

(( 

St. John, Colleton, 

- 

- 

One 

u 

St. Stephen, - - - 


- 

One 

(( 

St. Helena, 

- 

- 

One 

(( 

St. Luke, - - - - 


- 

One 

(C 

Prince William, 

- 

- 

One 

(( 

St. Peter, _ - - - 


- 

One 

<( 

All Saints, - - - 

- 

- 

One 

a 

Winyaw and Williamsburgh, 


- 

One 

(( 

Liberty and Kingston, - 

- 

- 

One 

u 

Marlborough, Chesterfield and Darlington, 

- 

Two 

u 

York, . - - - 

- 

. - 

One 

(( 

Fairfield, Kichland and Chester, 


« 

One 

fC 

Lancaster and Kershaw, 

- 

- 

One 

cc 

Claremont and Clarendon, 


- 

One 

cc 

Abbeville, . _ . 

- 

- 

One 

cc 

Edgefield, - - 


- 

One 

cc 

Newberry, (including the fork between Broad and 



Saluda rivers,) 

- 

- 

One 

cc 

Laurens, - - - - 


t - 

One 

cc 

Union, 

- 

- 

One 

cc 

Spartan, - - - . 


- 

One 

cc 

Greenville, 

- 

- 

One 

cc 

Pendleton, - - - . 


. 

One 

Cf 

St. Mathew and Orange, 

- 

- 

One 

a 

Winton, (including the distance between Savannah 



river and the North fork of Edisto,) 


- 

One 

cc 

Saxe Gotha, 

- 

. 

One 

cc 


STATE OF SOUTH CAEOLINA. 


7 


Sec. 8. No person shall be eligible to a seat in the Senate, unless he is 
a free white man, of the age of thirty years, and hath been a citizen and 
resident in this State, five years previous to his election. If a resident in 
the election district, he shall not be eligible, unless he be legally seized 
and possessed, in his own right, of a settled freehold estate of the value of 
three hundred pounds sterling, clear of debt. If a non-resident in the 
election district, he shall not be eligible, unless he be legally seized and 
possessed, in his own right, of a settled freehold estate, in the said district, 
of the value of one thousand pounds sterling, clear of debt. ^ 

Sec. 9. Immediately after the Senators shall be assembled, in conse¬ 
quence of the first election, they shall be divided by lot, into two classes. 
The seats of the Senators of the first class shall be vacated at the expiration 
of the second year, and of the second class, at the expiration of the fourth 
year; so that one half thereof, as near as possible, may be chosen, forever 
thereafter, every second year, for the term of four years. 

Sec. 10. Senators, and members of the House of Representatives, shall 
be chosen on the seconc^ Monday in Octobet next, and the day following; 
and on the same days in every second year thereafter, in such manner and 
at such times as are herein directed, and shall meet on the fourth Monday 
in November, annually, at Columbia, (which shall remain the seat of gov¬ 
ernment, until otherwise determined by the concurrence of two-thirds of 
both branches of the whole representation,) unless the casualties of war, or 
contagious disorders, should render it unsafe to meet there J in either of 
which cases, the Governor or Commander-in-Chief, for the time being, may, 
by proclamation, appoint a more secure and convenient place of meeting. 

Sec. 11. Each house shall judge of the elections, returns, and qualifica¬ 
tions of its own members; .and a majority of each house shall constitute a 
quorum to dO business; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties, as may be provided by law. 

Sec 12. Each house shall choose, by ballot, its own officers, determine 
its rules of proceeding, punish its members for disorderly behaviour, and 
with the concurrence of two-thirds, expel a member, but not a second time 
for the same cause. 

Sec. 13. Each house may punish, by imprisonment, during its sitting, 
any person, not a member, who shall be guilty of disrespect to the house, 
by any disorderly or contemptuous behaviour in its presence; or who, du 
ling the time of its sitting, shall threaten harm to body or estate of any 


8 


CONSTITUTION OF THE 


member, for anything said or done in either house; or who shall assault 
any of them therefor; or who shall assault or arrest ajiy witness or other 
person ordered to attend the house, in his going to or returning therefrom; 
or who shall rescue any person arrested by order of the house. ' 

Sec. 14. The members of both houses shall be protected in their, persons 
and estates, during their attendance on, going to, and returning from, the 
legislature, and ten days previous to the sitting, and ten days after the ad¬ 
journment of the legislature. But these privileges shall not be extended 
so as to protect any member who shall be charged with treason, felony, or 
breach of the peace. 

Sec. 15. Bills for raising a revenue shall originate in the House of 
Representatives, but may be altered, amended, or rejected by the Senate. 

All other bills may originate in either house, and may be amended, alter¬ 
ed, or rejected by the other. 

Seo; 16. No bill or ordinance shall have the force of law, until it shall 
have been read three times, and on three several days, in each house, has 
had the great seal affixed to it, and has been signed, in the Senate House, 
by the President of the Senate and Speaker of the House of Representa¬ 
tives. 

Sec. 17. No money shall be drawn out of the public treasury, but by 
the legislative authority of the State. ' 

Sec. 18. The members of the legislature, who shall assemble under this 
constitution, shall be entitled to receive, out of the public treasury, as a 
compensation for their expenses, a sum not exceeding seven shillings ster¬ 
ling a day, during their attendance on, going to, and returning from the 
the legislature j but the same may be increased or diminished by law, if 
circumstances shall require; but no alterations shall be made by any leg¬ 
islature, to take effect during the existence of the legislature which shall 
make such alteratipn. 

Sec. 19. Neither house, during their session, without the consent of the 
other, shall adjourn for more than^hree days, nor to any other place than 
that in which the two houses shall be sitting. 

Sec. 20. No bill or ordinance, which shall have been rejected by either 
house, shall be brought in again during the sitting, without leave of the 
house, and notice of six days being previously given. 

Sec. 21. No person shall be eligible to a seat in the legislature, whilst 
he holds any office of profit or trust, under this State, the United States, 
or either of them, or under any oth^r power—except officers in the militia. 



STATE OF SOUTH CAROLINA. 


9 


army, or navy of this State, Justices of the Peace or Justices of the County 
Courts, while they receive no salaries j nor shall any contractor of the ar¬ 
my or navy of this State, the United States, or either of them, or the 
agents of such contractor, be eligible to a seat in either house. And if any 
member shall accept or exercise any of the said disqualifying offices, he 
shall vacate his seat. 

Sec. 22. If any election district shall neglect to choose a member or 
members, on the days of election, or if any person chosen a member of 
either house, should refuse to qualify and take his seat, or should die, depart 
the State, or accept any disqualifying office, a writ of election shall be is¬ 
sued by the President of the Senate, or Speaker of the“House of Represen¬ 
tatives, as the case may be, for the purpose of filling up the vacancy thereby 
occasioned, for the remainder of the term for which the person so refusing 
to qualify, dying, departing the State, or accepting a disqualifying office, was 
elected to serve. 

Sec. 23. And whereas, the ministers of the gospel are^ by their profes¬ 
sion, dedicated to the service of Grod, and the cure of souls, and ought not 
to be diverted from the great duties of their function; therefore, no minis- 
' ter of the gospel, or public preacher of any religious persuasion, whilst he 
continues in the exercise of his pastoral functions, shall be eligible to the 
office of Governor, Lieutenant Governor, or to a seat in the Senate or House 
of Representatives. « 


ARTICLE II. 

Sec. 1. The Executive authority of this State shall be vested in a Gov¬ 
ernor, to be chosen in the manner following : As soon as may be, after the 
first meeting of the Senate and House of Representatives, and at every first 
meeting of the House of Representatives thereafter, when a majority of 
both Houses shall be. present, the Senate and House of Representatives 
shall, jointly, in the House of Representatives, choose by ballot, a Governor, 
to continue for two years, and until a new election shall be made. 

Sec. 2. No person shall be elegible to the office of Governor, unless he 
hath attained the age of thirty years, and hath resided within the State, and 
been a citizen thereof, ten years, and unless he be seized and possessed of a n, 
settled estate-^yithin the samQ, in his own right, of the value of fifteen hun¬ 
dred pounds sterling, clear of debt. 

No person having served two years as Governor, shall be re-eligible to 
that office, till after the expiration of four years. 

2 




10 


CONSTITUTION OF THE 


No person shall hold the office of Governor, and any other office, or com¬ 
mission, civil or military, except in the militia, either in this State, or under 
any State, or the United States, or any other power, at one and the same 
timOy 

Sec. 3. A Lieutenant Governor shall be chosen at the same time, in the 
same manner, continue in office for the same period, and be* possessed of the 
same qualifications as the Governor. 

Sec. 4. A Member of the Senate or House of Kepresentatives, being 
chosen, and acting as Governor or Lieutenant Governor, shall vacate his 
seat, and another person shall be elected in his stead. 

Sec. 5. In case of the impeachment of the Governor,, or his removal from 
office, death, resignation, or absence from the State, the Lieutenant-Gov¬ 
ernor shall succeed to his office. And in case of the impeachment of the 
Lieutenant-Governor, or his removal from office, death, resignation, or ab¬ 
sence from the State, the President of the Senate shall succeed to his office, 
until a nomination to those offices, respectively, shall be made by the Senate 
and House of Representatives, for the remainder of the time for which the 
officer so impeached, removed from office, dying, resigning, or being absent, 
was elected. * ^ 

Sec. 6 . The Governor shall be Commander-in-Chief of the Ar*ny and 
Navy of this State, and of the Militia, except when they shall be called 
into the actual service of the United States. m 

Sec. 7. He shall have power to grant reprieves and pardons, after con¬ 
viction, except in cases of impeachment, in such manner, on such terms, and 
under such restrictions, as he shall think proper; and he shall have power 
• to remit fines and forfeitures, unless otherwise directed by law. 

Sec. 8. He shall take care that the laws are faithfully executed, in mercy. 

Sec. 9. He shall have power to prohibit the exportation of provisions, 
for any time not exceeding thirty days. 

Sec. 10. He shall, at stated times, receive for his services, a compensation 
which shall be neither increased or diminished, during the period for which 
he shall have been elected. 

Sec. 11. All the officers in the Executive Department, when required by 
the Governor, shall give him information in writing, upon any subject rela¬ 
ting to the duties of their respective offices. 

Se.c. 12. The Governor shall, from time {o time, give to the General 
Assembly, information of the condition of the State, and recommend to 
their consideration such measures as he shall judge necessary or expedient. 






STATE OF SOUTH CAROLINA. 


11 


Sec. 13. He may, on extraordinary occasions, convene the General As¬ 
sembly, and, in case of disagreement between the two Houses, with respect 
to the time of adjournment, adjourn them to such time as he shall think 
proper, not beyond the fourth Monday in the month of November, then 
ensuing. 


ARTICLE III. 

Sec. 1. The judicial power shall be vested in such superior and inferior 
courts of law and equity, as the Legislature shall, from time to time, direct 
and establish. 

The Judges of each shall hold their commissions during good behavior; 
and the Judges of the Superior Courts shall, at stated times, receive a com¬ 
pensation for their services, which shall neither be increased or diminished 
during their continuance in office: but they shall receive no fees or perqui¬ 
sites of office, nor hold any other office of profit or trust, under this State, 
the United States, or any other power. 

Sec. 2. The style of all process shall be, “ The State of South Carolina.^^ 
All prosecutions shall be carried on in the name, and by the authority of 
the State of South Carolina, and conclude—“ against the peace and dignity 
of the same.’^ 


article IV. 

All persons who shall be chosen or appointed to any office of profit or • 
trust, before entering on the execution thereof, shall take the following 
oath : “ I do swear (or affirm,) that I am duly qualified, accofding to the 
constitution of this State, to exercise the office to which I have been ap¬ 
pointed, and will, to the best of my abilities, discharge the duties thereof, 
and preserve, protect, and defend the constitution of this State, and of the 
United States.^^ 


ARTICLE V. 

Sec. 1. The House of Representatives shall have the sole power of im¬ 
peaching; but no impeachment shall be made, unless with the concurrence 
of two-thirds of the House of Representatives. 

Sec. 2. All impeachments shall be tried by the Senate. When sitting 
for that purpose, the Senators shall be on oath or affirmation; and no per 
son shall be convicted, without the concurrence of two-thirds of the mem¬ 
bers present. 


12 


CONSTITUTION OF THE 


Sec. 3. The Governor, Lieutenant Governor, and all the civil ofl&cers, 
shall be liable to impeachment for any misdemeanor in office; but judgment 
in such cases shall not extend further than to a removal from office, and dis¬ 
qualification to hold any office of honor, trust, or profit, under this State. 
The party convicted shall, nevertheless, be liable to indictment, trial, judg¬ 
ment, and punishment, according to law. 

ARTICLE VI. 

Sec. 1. The Judges of the Superior Courts, the Commissioners of the 
Treasury, Secretary of the State, and Surveyor General, shall be elected by 
the joint ballot of both Houses, in the House of Representatives. The 
Commissioners of the Treasury, Secretary of the State, and Surveyor Gen¬ 
eral, shall hold their offices for four years; but shall not be eligible again 
for four years after the expiration of the time for Vhich they shall have 
been elected. 

Sec. 2. All other officers shall be appointed as they hitherto have been, 
until otherwise directed by law; but Sheriffs shall hold their offices for four 
years, and not be again eligible for four years after the term for which they 
shall have been elected. ^ 

Sec. 3. All commissions shall be in the name, and by the authority of 
the State of South Carolina, and be sealed with the seal of the State, and 
be signed by the Governor. 


ARTICLE vn. 

All laws of force in this State, at the passing of this constitution, shall 
so continue, until altered or repealed by the legislature; except where they 
are temporary, in which case they shall expire at the times respectively 
limited for their duration, if not continued by Act of the Legislature. 

ARTICLE VIII. 

Sec. 1. The free exercise and enjoyment of religious profession and wor¬ 
ship, without discrimination or preference, shall, forever hereafter, be al¬ 
lowed within this State, to all mankind; provided, that the liberty of con¬ 
science thereby declared, shall not be so construed as to excuse acts of li¬ 
centiousness, or justify practices inconsistent with the peace or safety of this 
State. 


STATE OF SOUTH CAROLINA. 


13 


Sec. 2. The rights, privileges, immunities, and estates of both civil and 
religious societies and of corporate bodies, shall remain as if the constitu¬ 
tion of this State had not been altered or amended. 

ARTICLE IX. 

Sec. 1. All power is originally vested in the people; and all free gov¬ 
ernments are founded On their authority, and are instituted for their peace, 
safety and happiness. 

Sec. 2. No freeman of this State shall be taken, or imprisoned, or dis¬ 
seized of his freehold, liberties, or privileges; or outlawed, or exiled, or in 
any manner destroyed, or deprived of his life, liberty, or property, but by 
the judgment of his peers, or by the law of the land; nor shall any bill of 
attainder, ex post facto law, or law impairing the obligation of contracts, 
ever be passed by the Legislature of this State. 

Sec. 3. The military shall be subordinate to the civil power. 

Sec. 4. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted. 

Sec. 6 . The Legislature shall not grant any title of nobility, oriiereditary 
diltinction, nor create any office, the appointment to which shall be for any 
longer time than during good behaviour. 

Sec. 6 . The trial by jury, as heretofore used in this State, and the liberty 
of the press, shall be forever inviolably preserved. 

% 

article X. 

Sec. 1. The business of the Treasury shall be in future conducted by 
two Treasurers, one of whom shall hold his office and reside in Columbia; 
the other shall hold his office and reside in Charleston. 

Sec. 2. The Secretary of State, and the Surveyor General, shall hold their 
oiffices both in Columbia and Charleston. They shall reside at one place, 
and their deputies at the other. 

Sec. 3. At the conclusion of the Circuits, the Judges shall meet and sit 
at Columbia, for the purpose of hearing and determining all motions which 
may be made for new trials, and in arrest of judgments, and such points of 
law as may be submitted to them. From Columbia they shall proceed to 
Charleston, and there hear and determine all such motions for new trials, 
and in arrest of judgment, and such points of law, as may be submitted to 
them. 



14 


CONSTITUTION OF THE 


Sec, 4. The Governor shall always reside, during the sitting of the Legis¬ 
lature, at the place where their session may be held, and at all other times, 
wherever, in his opinion, the public good may require. 

Sec. 5. The Legislature shall, as soon as may be convenient, pass laws 
for the abolition of the rights of primogeniture, and for giving an equitable 
distribution of the real estates of intestates. 

ARTICLE XI. 

No Convention of the people shall be called, unless by the concurrence of 
two-thirds of both branches of the whole representation. 

No part of this Constitution shall be altered, unless a bill to alter the 
same shall have been read three times in the House of Representatives, and 
three times in the Senate, and agreed to by two-thirds of both branches of 
the whole representation; neither shall any alteration take place, until the 
bill, so agreed to, be published three months previous to a new election for 
members to the House of Representatives; and if the alteration proposed 
by the Legislature, shall be agreed to in the first session, by two-thirds of 
the whole representation in both branches of the Legislature after the same 
shall have been read three times, on three several days, in each House, 
then, and not otherwise, the saine shall become a part of the Constitution. 

Done in Convention, at Columbia, in the State of South Carolina, the third 
day of June, in the Year of our Lord seventeen hundred and ninety, and 
in the fourteenth year of the Independe|pe of the United States of 
America. 

By the unanimous order of the Convention. 

CHARLES PINCKNEY, President. 
Attest, John S. Dart, Secretary. 








STATE OF SOUTH CAROLINA. 


15 


That no inconvenience may arise from the alterations and amendments in 
the Constitution of this State^ it is hereby declared and ordained: 

Sec. 1. That the governiuent shall be administered as heretofore, until 
the meeting and sitting of the Legislature, to be held under this constitution. 

Sec. 2. And whereas, the existing laws render it highly inconvenient for 
the Legislature to meet on the fourth Monday in November next, it is 
therefore ordained, that instead thereof, the members of the Senate and 
House of Representatives, to be elected on the second Monday in October, 
and on the day following,, shall meet at Columbia, the seat of Government, 
on the first Monday in January next. 

Sec. 3. It is also ordained, that the Commissioners of the Treasury shall, 
with all convenient dispatch, take a balance of the treasury books, which 
balance shall be lodged in the Treasurer’s office, in Columbia, and the ori¬ 
ginal books in the Treasurer’s office, in Charleston. 

Sec. 4. It is the opinion of the Convention, that the Legislature, at the 
first session which shall be held under this constitution, should regulate 
and establish by law, all the fees ofi the respective courts and offices 
throughout this State. 

Sec. 5. That they also provide for the annual and final settlement of the 
accounts of the Commissioners of the Treasury, so that the pecuniary inter¬ 
est of the State be duly attended to, and the persons who faithfully discharge 
the duties of that important office, be quieted therein, and their sureties 
released in a fixed and reasonable time. 

Sec. 6 . That the Legislature shall make effectual provision for revising, 
digesting and publishing the laws of this State, so that a general knowledge 
thereof may be diffused among the citizens of this State. 

Sec. 7. The Legislature, at their next meeting, shall proceed to the elec¬ 
tion of Justices of the Peace, throughout the State, and Justices of the 
county courts, where county courts are established, and that all former 
commissions of the peace then cease ] and that, in future, all commissions 
of the peace expire at fixed periods, to be declared by law. , 

SeO. 8. That all rotatory officers, at the first n^eeting of the Legislature, 
under this constitution, may be re-elected, notwithstanding any time they 
may have before served, under the former constitution. 

By the unanimous order of the Convention, June 3, 1790. 

CHARLES PINCKNEY, President. 

Attest, John Sandford Dart, Secretary. 


16 


CONSTITUTION OF THE 


AMENDMENTS TO THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA. 

AMENDMENTS RATIFIED DECEMBER 17, 1808. 

Sec. 1. The following sections, in amendment of the third, seventh and 
ninth sections of the first article of the constitution of this State, shall he, 
and they are hereby declared, to be valid parts of the said constitution; and 
the said third, seventh and ninth sections, or such parts thereof a^ are re¬ 
pugnant to such amendments, arc hereby repealed and made void. 

Sec. 2. The House of Representatives shall consist of one hundred and 
twenty-four members; to be apportioned among the several election districts 
of the State, according to the number of white inhabitants contained, and 
the amount of all taxes raised by the Legislature, whether direct or indirect, 
or of whatever species, paid in each, deducting therefrom all taxes paid on 
account of property held in any other district; and adding thereto, all taxes 
elsewhere paid on account of property held in such district; an enumera¬ 
tion of the white inhabitants, for this purpose, shall be made in the year one 
thousand eight hundred and nine, and in the course of every tenth year 
thereafter, in such manner as shall be by law directed; and representatives 
shall be assigned to the different districts, in the above mentioned propor¬ 
tion, by act of the Legislature, at the session immediately succeeding the 
above enumeration. 

Sec. 3. If the enumeration herein directed should not be made in the 
course of the year appointed for the purpose, by these amendments, it shall 
be the duty of the Governor to have it effected as soon thereafter as shall 
be practicable. 

Sec. 4. In assigning representatives to the several districts of this State, 
the Legislature shall allow one representative for every sixty-second part of 
the whole number of white inhabitants in the State; and one representative 
also for every sixty-second part of the whole taxes raised by the Legislature 
of the State. The Legislature shall further allow one representative for 
such fractions of the sixty-second part of the white inhabitants of the State, 
and of the sixty-second part of the taxes raised by the Legislature of the 
State, as when added together, form a unit. 

Sec. 5. In every apportionment of representation, under these amend¬ 
ments, which shall take place after the first apportionment, the amount of 
taxes shall be estimated from the average of the ten preceding years; but 
the first apportionment shall be founded upon the tax of the preceding year, 


STATE OF SOUTH CAROLINA. 17 

excluding from the amount thereof, the whole produce of the tax on sales at 
public auction. 

Sec. 6. If in the apportionment of representatives, under these amend' 
ments, any election district shall appear not to be entitled, from its popula¬ 
tion and its taxes, to a representative, such election district shall neverthe¬ 
less send one representative; and if there should be stilj a deficiency of 
the number of representatives required by these amendments, such deficiency 
shall be supplied by assigning representatives to those election districts 
having the largest surplus fractions, whether those fractions consist of a 
combination of population and taxes, or of population, or of taxes separately, 
until the number of one hundred and twenty-four members be provided. 

Sec. 7. No apportionment, under these amendments, shall be construed 
to take effect in any manner, until the general eleciion which shall succeed 
such apportionment. 

Sec. 8. The election districts for members of the House of Representatives, 
shall be and remain as heretofore established, except Saxe Gotha and New¬ 
berry, in which the boundaries shall be altered as follows, viz : Tlmt part 
of Lexington, in the fork of Broad and Saluda rivers, shall no longer com¬ 
pose a part of the election district of Newberry, but shall be henceforth 
attached to and form a part of Saxe Gotha. And also except Orange and 
Barnwell, or Winton, in which the boundaries shall be altered as follows, 
viz: That part of Orange, in the fork of Edisto, shall no longer compose 
a part of the election district of Barnwell or Winton, but shall henceforth 
be attached to and form a part of Orange election district. 

Sec. 9. The Senate shall be composed of one member from each election 
district, as now established for the election of members of the House of 
Representatives, except the district formed by the parishes of St. Philip and 
St. Michael, to which shall be allowed two Senators, as heretofore. 

Sec. 10. The seats of those Senators who, under the constitution, shall 
represent two or more election districts', on the day preceeding the second 
Monday of October, which will be in the year one thousand eight hundred 
and ten, shall be vacated on that day, and the new Senators who shall rep¬ 
resent such districts under these amendments, shall, immediately after they 
shall have been assembled under the first election, be divided by lot into 
two classes; the seats of the Senators of the first class shall be vacated at 
the expiration of the second year; and of the second class, at the expiration 
of the fourth year; and the number of these classes shall be proportioned, 
that one half of the whole number of Senators may, as nearly as possible, 

continue to be chosen thereafter, every second year. 

3 


18 


CONSTITUTION OF THE 


Sec. 11. None of these amendments, becoming parts of the constitution 

of this State, shall be altered, unless a bill to alter the same shall have been 

I 

read, on three several days, in the House of Kepresentatives, and on three 
several days, in the Senate, and agreed to at the second and third reading, 
by two-thirds of the whole representation, in each branch of the Legisla¬ 
ture; neither shall any alteration take place, until the bill, so agreed to, 
be published three months previous to a new election for members to the 
House of Representatives; and if the alteration proposed by the Legisla¬ 
ture shall be agreed to in their first session, by two-thirds of the whole rep¬ 
resentation, in each branch of the Legislature, after the same shall have 
beeh read on three several days, in each house, then, and not otherwise, the 
same shall become a part of the constitution. 

AMENDMENT, RATIFIED DECEMBER 19, 1810. 

That the fourth section of the first article of the constitution of this State, 
be altered and amended to read as follows : Every free white man, of the 
age of twenty-one ye irs, paupers and non-commissioned oflScers and private 
soldiers of the army of the United States, excepted^ being a citizen of the 
State, and having resided therein two years previous to the day of election, 
and who hath a freehold of fifty acres of land, or a town lot, of which he 
hath been legally seized and possessed at least six months before such elec¬ 
tion, or, not having such freehold or town lot,’ hath been a resident in the 
election district, in which he offers to give his vote, six months before the 
said election, shall have a right to vote for a member or members, to serve 
in either branch of the legislature, for the election district in which he 
holds such property, or is so resident. 

AMENDMENT, RATIFIED DECEMBER 19, 1816. 

N 

That the third section of the tenth article of the constitution of this State, 
be altered and amended to read as follows : The Judges shall, at such times 
and places as shall be prescribed by act of the Legislature of this State, 
meet and sit for the purpose of hearing and determining all motions which 
may be made for new trials, and in arrest of judgment, and such points of 
law as may be submitted to them. 

\ 

AMENDMENT, RATIFIED DECEMBER 20, 1820. 

That all that territory lying within the chartered limits of this State, and 


19 


STATE OF SOUTH CAROLINA. 

which was ceded by the Cherokee nation, in a treaty concluded at Washing¬ 
ton, on the twenty-second day of March, in the year of our Lord one thou¬ 
sand eight hundred and sixteen, and confirmed by an act of the Legislature 
of this State, passed on the nineteenth day of December, in the same year, 
shall be, and the same is hereby declared to be annexed to, and shall form 
and continue a part of the election district of Pendleton. 

AMENDMENT, RATIFIED DECEMBER 19-20, 1828. 

That the third section of the fifth article of the constitution of this State, 
shall be altered, to read as follows, viz: . . 

Sec. 3. The Governor, Lieutenant-Governor, and all civil officers, shall 
be liable to impeachment for high crimes and misdemeanors, for any misbe¬ 
havior in office, for corruption in procuring office, or for any act which shall 
degrade their official character. But judgment, in such cases, shall not 
extend further than to removal from office, and disqualification to hold any 
office of honor, trust, or profit, under this State. The party convicted shall, 
nevertheless, be liable to indictment, trial, judgment and punishment, 
according to law. 

Sec. 4. All civil officers, whose authority is limited to a single election 
district, a single judicial district, or part of either, shall be appointed, hold 
their office, be removed from office, and in addition to liability to impeach¬ 
ment, may be punished for official misconduct, in such manner as the Legis¬ 
lature, previous to their appointment, may provide. 

Sec. 6. If any civil officer shall become disabled from discharging the 
duties of his office, by reason of any permanent bodily or mental infirmity, 
his office may be declared to be vac^.nt, by joint resolution, agreed to by 
two-thirds of the whole representation in each branch of the Legislature: 
Provided, That such resolution shall contain the grounds for the proposed 
removal, and before it shall pass either house, a copy of it shall be served 
on the officer and a hearing be allowed him. 

AMENDMENT, RATIFIED DECEMBER 6, 1834. 

That the fourth article of the Constitution of this State, shall be amended^ 
so as to read as follows, viz: Every person who shall be chosen or appointed 
to any office of profit or trust, before entering on the execution thereof, 
shall take the following oath : I do solemnly swear, (or affirm,) that I will 
be faithful, and true allegiance bear to the State of South Carolina, so long 



20 


CONSTITUTION OF SOUTH CAROLINA. 


I 


as I may continue a citizen thereof; and that I am duly qualified, according 
to the constitution of this State, to exercise the office to which I have been 
appointed; and that I will, to the best of my abilities, discharge the duties 
thereof, and preserve, protect and defend the Constitution of this State, and 
of the United States : So help me Grod.^' 


I 



INDEX TO CONSTITUTION, 


AET. 

General Assembly,. 1 

House of Representatives, mode of election, and number of mem¬ 
bers of,. - -1 

Qualification of voters,.1 

Eligibility of members of the House of Ropresentatives, - - 1 

Senate, election of members of,.1 

Eligibility of members of.1 

Legislature, when to meet,.1 

Elections, validity of, - - - . - - v- -1 

Ofiicers of each house,. 1 

Powers of each house,.1 

Privileges of "members,.1 

Laws, what shall give force,.1 

Compensation to members, - . - _ - - i 

Disqualification, - - .1 

Vacancies, how filled, .. 1 

Clerg}"men, inehgibility of,.1 

Executive,.- - 2 

Qualifications of,. 2 

Lieutenant Governor,.- - 2 

Vacancies, - - - . 2 

Powers of Governor,. 2 

Judiciary,. --3 

Oath of office,. ...4 

Impeachment,..5 

State officers,. 6 

Religion, freedom of,. -.-8 

Rights, declaration of.9 

Treasury,.10 

Convention,. -11 

Constitution, how altered,. -11 


SEC. 

1 

2 

4 
6 

7 

8 

10 

11 

12 

13 

14 
16 
18 
21 
22 
23 

1 

2 

3 

5 

6 
1 
1 
1 
1 
1 
1 
1 

'1 

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